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336 — Oct., 1913 



UNITED STATES CIVIL SERVICE COMMISSION 



INFORMATION CONCERNING 

POLITICAL ASSESSMENTS AND 

PARTISAN ACTIVITY 

OF FEDERAL OFFICEHOLDERS 
AND EMPLOYEES 



OCTOBER, 1913 




WASHINGTON 
1913 






■ D. OF D, 

f^GV 10 I91S 



TABLE OF CONTENTS. 



Page. 

Introduction 5 

I. POLITICAL ACTIVITY OF COMPETITIVE EMPLOYEES. 

1. Civil Service Rule 1 7 

2. Constitutionality 7 

3. Definition of political activity and scope of rule 7 

4. Temporary employees — Leave of absence 7 

5. Unclassified laborers 8 

6. Conventions 8 

7. Primaries — Caucuses 8 

8. Committees 8 

9. Clubs 8 

10. Meetings 8 

11. Expression of opinions 8 

12. Activity at the polls 8 

13. Election officers 8 

14. Newspapers — Publication of letters or articles 8 

15. Liquor question 9 

16. Contributions 9 

17. Candidacy for or holding local office 9 

18. Executive order of January 17, 1873 9 

19. Executive order of January 28, 1873 9 

20. Application of political-acti-\dty rule 10 

21. Excepted offices 10 

22. Eligibles holding local office 10 

23. Executive order of June 26, 1907 11 

24. Executive order of May 14, 1909 11 

25. Practice under order of May 14, 1909 11 

26. Executive order of August 4, 1909 11 

27. Executive order of February 14, 1912 11 

28. Scope of order of February 14, 1912 11 

29. Executive order of August 24, 1912 12 

30. Other forms of activity 12 

31. Candidacy for presidential positions 12 

32. Signing of petitions 12 

33. Reinstatement 12 

II. POLITICAL ACTIVITY OF PRESIDENTIAL OFFICERS AND IN- 

CUMBENTS OF UNCLASSIFIED AND EXCEPTED POSITIONS. 

34. Early restrictions on unclassified officers 13 

35. President's letter of June 13, 1902 14 

36. Enforcement of restrictions 15 

37. Department of State 15 

38. Treasury Department 15 

39. Department of Justice 15 

40. Post Ofiice Department 15 

41 . Navy Department 15 

42. Department of the Interior 15 

43. Department of Agriculture 15 

III. POLITICAL ASSESSMENTS. 

44. Solicitation or receipt of political contributions by one employee from 

another — Section 118, Criminal Code It 

45. Constitutionality of laws prohibiting assessments IS 

46. Circulars of solicitation bearing names of Federal employees 16 

47. Sufficiency of indictments 17 

48. Membership on or service for political committees 17 

(3) 



III. POLITICAL ASSESSMENTS— Continued Page. 

49. Solicitation or receipt of political contributions in Federal buildings — 

Section 119, Criminal Code 18 

50. Constitutionality 18 

51. Letters addressed to Federal buildings 19 

52. _ Letters delivered in Federal buildings 19 

53. Discrimination on account of political contributions — Section 120, 

Criminal Code 19 

54. Payment of political contributions by one employee to another — Sec- 

tion 121, (jriminal Code 19 

55. Penalties for assessments 20 

56. Above offenses are felonies 20 

IV. POLITICAL COERCION. 

57. Civil-service act and rule 20 

V. POLITICAL DISCRIMINATION. 

58. Failtu-e to contribute or render political service not prejudicial 20 

59. Political opinions and affiliations 20 

60. Definition of discrimination 20 

61. Wholesale removals 20 

62. Incumbents of excepted positions 21 

VI. POLITICAL RECOMMENDATIONS. 

63. Senators and Representatives 21 

64. Disclosing politics 21 

65. Letters disclosing politics or religion not to be considered 21 

66. Recommendations for promotion 21 

VII. RURAL CARRIERS. 

67. Executive order of December 30, 1911 21 

VIII. FOURTH-CLASS POSTMASTERS. 

68. Extract from regulations approved by the President November 25, 1912 . 22 

IX. ATTEMPTS TO INFLUENCE LEGISLATION. 

69. Executive order of April 8, 1912 22 



INTRODUCTION. 



The present political-activity rule was promulgated by the President on June 
3, 1907^ After it had been in effect nearly a year the Commission addressed a 
letter to the President on March 25, 1908, from which the following is an 
extract : 

" The Commission in recommending punishments for violations- of subdivision 
1 of Civil Service Rule I has heretofore been guided by the fact that the rule 
was one only adopted in June, 1907, and that while the President's instructions 
prohibiting political activity on the part of competitive classified employees 
have been public ever since 1902, yet in actual practice the effective and thor- 
oughgoing enforcement of the President's instructions in this connection has 
only dated from the adoption of the rule in June last, which gave the Civil 
Service Commission the right to investigate and report on charges of improper 
political activity on the part of those in the competitive classified service. For 
this reason the Commission has heretofore been lenient in recommending pun- 
ishments; but a sufficient time has now elapsed for us to assume that the 
civil-service rules are understood throughout the service, and we believe, there- 
fore, that the time has also come for a somewhat greater degree of severity in 
the penalty inflicted, at least in aggravated cases. We recommend, therefore, 
that the several Departments be requested to publish to their employees in the 
competitive classified service the fact that any man violating the provisions of 
the rule in question renders himself liable to punishment by removal. We de- 
sire that the subordinates in the several Departments be acquainted with this 
recommendation, so that in the event of any misconduct by them in future the 
Commission may feel at liberty to recommend their removal." 

The President, on March 27, 1908, directed each head of Department to have 
this portion of the Commission's letter printed and brought to the attention of 
subordinates. 

It is the duty of the Commission to see that the provisions of the civil-service 
act and rules are strictly enforced, and it will employ every legitimate and 
available means to secure the prosecution and punishment of persons who may- 
violate them. The Commission requests any person having knowledge of any 
such violation to lay the facts before it, that it may at once take action 
thereupon. 

(5) 



INFORMATION CONCERNING POLITICAL ASSESSMENTS AN1> 
PARTISAN ACTIVITY OF FEDERAL OFFICEHOLDERS AND 
EMPLOYEES. 



I. POLITICAL ACTIVITY OF COMPETITIVE EMPLOYEES. 

1. CIVIL SERVICE RULE I, SECTION 1, provides, in part, as follows: 

" Persons who by tiie provisions of these rules are in the competitive 
classified service, while retaining' the right to vote as they please and to 
express privately their opinions on all political subjects, shall take no 
active part in political management or in political campaigns." 

2. Constitutionality. — It lias sometimes been urged by employees violating 
this provision of the rule that such a rule is violative of the constitutional right 
of free speech and other similar rights. In a Massachusetts case arising under 
a regulation governing the police force of the city of New Bedford, the Supreme 
Judicial Court of Massachusetts, in the case of McAuIiffe v. Mayor, etc., of the 
city of New Bedford (155 Mass., 216; 29 N. E., 517), speaking through 
Holmes, J., said : 

One answer to this argument, admitting that the statute does not malse the ma^or the 
final judge of what cause is sufficient and that we have a right to consider it, is that 
there is nothing in the Constitution or the statute to prevent the city from attaching 
ohedience to this rule as a condition to the office of policeman and maliing it part of the 
good conduct required. The petitioner may have a constitutional right to tails politics, 
but he has no constitutional right to he a policeman. There are few employments for 
hire in which the servant does not agree to suspend his constitutional right of free speech, 
as well as of idleness, by the implied terms of his contract. The servant can not com- 
plain, as he takes the employment on the terms which are offered him. On the same 
principle the State may impose any reasonable condition upon holding offices within its 
control. This condition seems to be reasonable, if that be a question open to revision 
here. 

3. Definition of political activity and scope of rule. — Activity in politics in- 
cludes any activity pertaining to or connected with a party or parties controlling 
or seeking to control Government in the Nation, or in a State, county, or munici- 
pality. Any one of two or more bodies of people contending for antagonistic Qv 
rival governmental policies or measures is a political party. The fact that a 
campaign may not mean affiliation with any of the great national political par- 
ties or that the party may be a reform party is not material, for the reason that 
one of the primary purposes of the rule forbidding political activity on the part 
of competitive classified employees is to require them, in their political as well 
as their official actions, to avoid any act or display of partisanship on any pend- 
ing political issue which might cause public scandal or unfavorable comment 
and offend persons who have relations with them in their official capacity. For 
an employee of the Government, who is the paid servant of all citizens of all 
political faiths, publicly to display his partisanship with respect to any pending 
issue is detrimental to the service; an employee could not, of course, be per- 
mitted to support such an issue and another employee forbidden to oppose It, 
and his partisanship, while pleasing to some, would be offensive to others. It 
is well known that reform or so-called nonpartisan campaigns are frequently 
more bitterly contested than campaigns conducted on strictly partisan lines, and 
however meritorious may be the reform sought to be attained, if the question is 
a political one a competitive employee may not take an active part in its dis- 
cussion or solution. 

4. Temporary employees — Leave of absence. — Temporary or emergency em- 
ployees, substitutes, and persons on furlough or leave of absence, with or with- 
out pay, are subject to the rule. While an employee is in the competitive clas- 
sified service and his name is carried on the rolls the civil-service rules and 
regulations apply to him and he must refrain from their violation, even though 
he may not be rendering actual service to the Government. It is not permis- 

(7) 



8 

sible for an employee to take leave of absence for the purpose of working for a 
political committee or organization or of becoming a candidate for an elective 
office with the understanding that he will resign his competitive position if 
nominated or elected. 

5. TTnclassified laborers. — Under the regulations for the navy-yard service ap- 
proved December 7, 1912, unclassified laborers are made subject to dismissal for 
political activity in the same manner as are competitive classified employees. 
Similar instructions have been issued by other departments placing the same 
limitations in regard to political activity on laborers in the unclassified service 
as are appled to competitive employees. 

6. Conventions. — The rule is held to forbid candidacy for or service as dele- 
gate, alternate, or proxy in any political convention, or as an officer or employee 
thereof. It does not prohibit mere attendance as a spectator, but the person so 
attending must not take any part in the convention or in the deliberations or 
proceedings of any of its committees and must refrain from any public display 
of partisanship or obtrusive demonstration or interference or any activity which 
might cause scandal or imfavorable comment. 

7. Primaries — Caucuses, — ^An employee may attend a primary meeting, mass 
convention, beat convention, caucus, and the like and may cast his vote on any 
question presented, but he may not pass this point in participating in its de- 
liberations. He may not act as an officer of the meeting, convention, or caucus, 
may not address it, make motions, prepare or assist in preparing resolutions, 
assume to represent others, or take any prominent part therein. 

8. Committees. — Service on or for any political committee or similar organiza- 
tion is prohibited. An employee may attend as a siDectator any meeting of a 
political committee to which the general public is admitted, but must refrain 
from activity as indicated in the preceding paragraphs. 

9. Clubs. — Employees may be members of political clubs, but it is improper 
for them to be active in the organization of such a club, to be officers of the club, 
or members or officers of any of its committees or act as such, or to address a 
political club. Service as a delegate from such a club to a league of political 
clubs is service as an officer or representative of a political club and is pro- 
hibited, as is service as a delegate or representative of such a club to or in any 
other organization. In other words, an employee may become a member of a 
political club, but may not take an active part in its management or affairs, and 
may not represent other members or attempt to influence them by his actions 
or utterances. 

10. Meetings. — Service in preparing for, organizing, or conducting a political 
Bieeting or rally, addressing such a meeting, or taking any other active part 
therein, except as a spectator, is prohibited. 

11. Expression of opinions.— The right to express privately his opinions on all 
political subjects is reserved to the employee by the rule. He must confine 
himself to the private expression of his views and must refrain from political 
discussions or conferences while on duty or in public places ; he must not 
canvass a district or solicit political support for any party, faction, candidate, 
or measure.- 

12. Activity at the polls. — An employee has the right to vote as he pleases. 
and to exercise this right free from interference, solicitation, or dictation by 
any fellow employee or superior or any other person. It is his duty to avcid 
any ofl'ensive activity at primary and regular elections, and he must refrain 
from soliciting votes, assisting voters to mark ballots, or in getting out the 
voters on registration and election days, acting as the accredited checker, 
watcher, or challenger of any party or faction, assisting in counting the vote, 
or engaging in any other activity at the polls except the marking and depositing 
of his own ballot. 

13. Election officers. — ^An employee may not seek appointment or election to 
or serve in any position of election officer, except in States or positions refusal 
to serve in which is penalized by the election law of the State, and in the latter 
case he must not seek or solicit appointment or election, and if appointed with- 
out his solicitation must act mpartially and without exhibiting partisan feelings 
or giving any appearance of partisan activity. 

14. Newspapers — Putolication of letters or articles. — An employee may not pub- 
lish or be connected editorially, managerially, or financially with any political 
newspaper, and may not write for publication or publish any letter or article, 
signed or unsigned, in favor of or against any political party, candidate, faction, 
or measure. 



15. Liquor question. — ^Activity in campaigns concerning the regulation or sup- 
pression of the liquor traffic is prohibited. An employee may be a member but 
not an officer of a club, league, or other organization which takes part in such 
a campaign. The rule does not exclude the employee from participating in 
discussion where no political issue is mvolved or from making an address on 
any moral or ethical subject, but when two or more parties or factions become 
engaged in a contest for rival or antagonistic measures or policies of control 
or regulation a political question is presented. 

16. Contributions. — ^An employee may make political contributions to any com- 
mittee, organization, or person not employed by the United States, but may not 
under the rule solicit, collect, receive, or otherwise handle or disburse the same. 
(See provisions of the Criminal Code, discussed in paragraphs 44 to 56.) 

17." Candidacy for or holding local office. — Candidacy for a nomination or for 
election to any national, State, county, or municipal office is not permissible, 
except as stated in the following paragraphs: 

18. Execative order of January 17, 1873: 

Whereas it has been brought to the notice of the President of the United States that 
many persons holding civil oflBce by appointment from him or otherwise under the Con- 
stitution and laws of the United States while holding such Federal positions accept 
offices under the authority of the States and Territories in which they reside, or of 
municipal corporations, under the charters and ordinances of such corporations, thereby 
assuming the duties of the State, Territorial, or municipal office at the same time that 
they are charged with the duties of the civil office held under Federal authority : 

And whereas it is believed that, with but few exceptions, the holding of two such 
offices by the same person is incompatible with a due and faithful discharge of the duties 
of either office ; that it frequently gives rise to great inconvenience, and often results in 
detriment to the public service ; and, moreover, is not in harmony with the genius of 
the Government : 

In view of the premises, therefore, the President has deemed it proper thus and hereby 
to give public notice that, from and after the 4th day of March, A. D. 187.3 (except as 
herein specified), persons holding any Federal civil office by appointment under the 
Constitution and laws of the United States will be expected, while holding such 
office, not to accept oi* hold any office under any State or Territorial government, or 
under the charter or ordinances of any municipal corporation : and. further, that the 
acceptance or continued holding of any such State, Territorial, or municipal office, 
whether elective or by appointment, by any person holding civil office as aforesaid under 
the GoTernraent of the United States, other than judicial offices under the Constitution 
of the United States, will be deemed a vacation of the Federal office held by such person, 
and will be taken to be and will be treated as a resignation by such Federal officer of his 
commission or appointment in the service of the United States, 

The offices of .iustices of the peace, of notaries public, and of commissioners to take 
the acknowledgment of deeds, of ball, or to administer oaths, shall not be deemed within 
the purview of this order and are excepted from its operation, and may be held by Federal 
officers. 

The appointment of deputy marshals of the United States may be conferred upon 
sheriffs or deputy sheriffs. And deputy postmasters, the emoluments of whose office do 
not exceed $600 "per annum, are also excepted from the operation of this order and may 
accept and hold appointments under State, Territorial, or municipal authority, provided 
the same be found not to interfere with tlie discharge of their duties as postmaster.^ 
Heads of departments and other officers of the Government who have the appointment of 
subordinate officers are required to take notice of this order, and to see to the enforce- 
ment of its provisions and terms within the sphere of their respective departments 
or offices and as relates to the several persons holding appointments under them, 
respectively. 

19. Executive order of January 28, 1873: 

Inquiries having been made from various quarters as to the application of the Execu- 
tive order issued on the 17th of January relating to the holding of State or municipal 
offices by persons holding civil offices under the Federal Government, the President 
directs the following reply to be made : 

It has been asked whether the order prohibits a Federal officer from holding also the 
office of an alderman or of a common councilman in a city, or of a town councilman of a 
town or village, or of appointments under city, town, or village governments. By some 
it has been suggested that there may be distinction made in case the office be with or 
without salary or compensation. The city or town offices of the description referred to, 
by whatever names they may be locally known, whether held by election or by appoint- 
ment, and whether with or without salary or compensation, are of the class which the 
Executive order intends not t"- be held by persons holding Federal offices. 

It has been asked whether the order prohibits Federal officers from holding positions 
on boards of education, school committees, public libraries, religious or eleemosynary 
institutions incorporated or established or sustained by State or municipal authority. 
Positions and service on such boards and committees, and professorships in colleges, are 
not regarded as " offices " within the contemplation of the Executive order, but as 
employments or service in which all good citizens may be engaged without incompatibility 
and in many cases without necessary interference with any position which they may 
hold under the Federal Government, Officers of the Federal Government may therefore 
engage in such service, provided the attention required by such employment does not 
interfere with the regular and efficient discharge of the duties of their office under the 

1 See paragraph 20. 
10325°— 13 1 



10 

Federal Government. The head of the department under whom the Federal office is held 
will in all cases be the sole judge whether or not the employment does thus Interfere. 

The question has also been asked with regard to officers of the State militia. Con- 
gress having exercised the power conferred by the Constitution to provide for organizing 
the militia, which is liable to be called forth to be employed in the service of the United 
States, and is thus, in some sense, under the control of the General Government, and is, 
moreover, of the greatest value to the public, the Executive order of the 17th January 
is not considered as prohibiting Federal officers from being officers in the militia in the 
States and Territories. 

It has been asked whether the order prohibits persons holding office under the Federal 
Government being members of local or municipal fire departments ; also, whether it 
applies to mechanics employed by the day in the armories, ai-senals, and navy yards, 
etc., of the United States. Unpaid service in local or municipal fire departments is not 
regarded as an office within the intent of the Executive order, and may be performed 
by Federal officers, provided it does not interfere with the regular and efficient discharge 
of the duties of the Federal office, of which the head of the Department under which the 
office is held will in each case be the judge. Employment by the day as mechanic or 
laborer in the armories, arsenals, navy yards, etc., does not constitute an office of any 
kind, and those thus employed are not within the contemplation of the Executive order. ^ 
Master workmen and others who hold appointments from the Government or from any 
Department, whether for a fixed time or at the pleasure of the appointing power, are 
embraced within the operation of the order. 

20. Application of political activity rule. — The Civil Service Commission has 
no function in the interpretation or enforcement of the above orders of Jan- 
uary 17 and 28, 1873, except in so for as they relate to the rule forbidding 
political activity by competitive classified employees and unclassified laborers. 
These employees, with some exceptions, are prohibited from holding any elective 
office or any ofiice filled through appointment by an elected ofiicer, board, or 
council. The provision of the Executive order of January 17, 1873, excepting 
from its prohibitions to hold local ofiice " deputy postmasters, the emoluments 
of whose office does not exceed $600 per annum," is modified and amended by 
the subsequent Executive orders placing fourth-class postmasters in the competi- 
tive classified service and thereby subjecting them to the provision of section 1 of 
Rule I as to political activity, and further by section 4 of the regulations agreed 
to by the Department a.nd the Commission and approved by the President on 
November 25, 1912, which prohibits political activity by fourth-class postmasters, 
and applies to all ofiices of the fourth class of whatever compensation.^ 

21. Excepted offices. — Persons in the executive civil service mny be appointed 
to certain other positions which are held to be excepted from the operation of 
the order of January 17, 1873, provided the consent of the Department under 
which the Federal office is held is obtained and the political activity rule is not 
violated, viz : 

A competitive employee may become a candidate for and serve in the elective 
office of delegate to a State constitutional convention. 

Employees on Indian reservations may be appointed under State authority 
as deputy sheriffs or constables, as the requirements of the service demand, this 
action being necessary, as on all reservations which have been allotted and 
opened for settlement conditions arise wherein the Federal Government has 
sole jurisdiction over certain offenses and the State has jurisdiction over other 
offenses, and where there can be merged in one person the joint authority of a 
Federal and State officer, a serious difficulty in the administration of justice is 
removed. 

There is no objection to the holding of a small-salaried position in a municipal 
fire department. 

The position of member, of a municipal civil service commisson may be held 
by an employee, in analogy with the exceptions contained in the order of 1873 
with regard to school officials and in view of its nonpolitical character. 

An employee may become a candidate for or hold any of the local offices 
excepted from the prohibitions of the Executive order of January 17, 1873, 
provided that he does not violate section 1 of Rule I, prohibiting the use of 
his official authority or influence in political matters, and provided further that 
he avoids neglect of duty and any action that would cause public scandal or 
semblance of coercion upon his subordinates or fellow employees, in furthering 
his candidacy for election or appointment or in performing the duties of the 
office if his candidacy be sucessful. 

22. Eligibles holding local ofiice. — Eligibles who are holding a local office not 
excepted from the prohibitions of the order of 1873 must on selection and 
acceptance of any position in the competitive classified service or of unclassified 

1 See paragraphs 5 and 24. 

- See sec. 160, Postal Laws and Regulations. 



11 

laborer immediately resign the local office. The holding of a local office net 
excepted from the prohibitions of the order of 1873 is an absolute disqualifica- 
tion for appointment, and unless applicants are willing immediately to resign 
the local office in the event of selection for appointment their applications can 
not be considered. 

23. Executive order of June 26, 1907: 

Whereas by an Executive order of June 13, 1907, officers and employees of the 
Forest Service and Biological Survey in tlie Department of Agriculture were authorized 
to accept appointments to certain State and Territorial positions, and it appears that 
the work of that Department would be facilitated by an extension of the provisions 
thereof, I desire to give public notice that hereafter, with the approval of the Secretary 
of Agriculture, other officers and employees of that Department are authorized to hold 
State and Territorial positions, and State and Territorial officials, unless prohibited by 
law, may be permitted to receive appointments under the Department of Agriculture, 
wheh in either case the Secretary of Agriculture deems such employment necessary to 
secure a more efficient administration of the duties of his Department. 

24. Executive order of May 14, 1909: 

Whenever in the opinion of the Secretary of the Navy a strict enforcement of the 
provisions of section 1, Rule I, of the civil-service rules would influence the result of a 
local election the issue of which materially affects the local welfare of the Government 
employees in the vicinity of any navy yard or station the Civil Service Commission may, 
on recommendation of the Secretary of the Navy, and after such investigation as it may 
deem necessary, permit the active participation of the employees of the yard or station 
in such local election. In the exercise of the privilege which may be conferred here- 
under, persons affected must not neglect their official duties nor cause public scandal by 
their activity. 

25. Practice under order of May 14, 1909. — This order does not operate to re- 
peal that of January 17, 1873, so far as it applies to navy-yard employees, but 
merely provides for a waiver of the political-activity rule. It is not the prac- 
tice of the Department to recommend or of the Commission to grant under this 
order permission to bosses or head men, by whatever designation known, or to 
any person whose recommendations have, by regulation, any influence upon the 
employment, promotion, laying off, or discharge of other employees, to become 
candidates for local office, as in such case there would be temptation to use the 
power of their official positions to secure election. The order applies only to 
local municipal elections, and does not apply to localities where the proportion 
of Government employees to total population is negligible, 

26. Executive order of August 4, 1909: 

Whereas by an Executive order of January 17, 1873, it was declared that " persons 
holding any Federal civil office by appointment, under the Constitution and the laws of 
the United States will be expected, while holding such office, not to accept or hold any 
office under any State or Territorial government or under the charter or ordinances of 
any municipal corporation." I deem it proper to give public notice that hereafter, in order 
to secure a more efficient administration of the work of the Bureau of the Census, certain 
State and county officials, such as sheriffs, deputy sheriffs, tax collectors, assessors, 'deputy 
assessors, school commissioners, superintendents, etc., may accept appointments as special 
agents for the collection of statistics of cotton. 

27. Executive order of February 14, 1912: 

Employees of the executive civil service permanently residing in the following incor- 
porated municipalities adjacent to the District of Columbia will not be prohibited from 
becoming candidates for or holding municipal office in such corporations : 

In Maryland — Takoma Park, Kensington, Garrett Park, Chevy Chase, Glen Echo, 

Hyattsville, Mount Rainier. 
In Virginia — Falls Church, Vienna, Herndon. 

In the exercise of the privilege granted by this order officers and employees must not 
neglect their official duties and must not engage in national, State, or county political 
activity in violation of the civil-service rules, and if there is such violation the head of the 
Department or independent office in which the person is employed shall inflict such punish- 
ment as the Civil Service Commission shall recommend. 

This order, which is recommended by* the Civil Service Commission, is based upon the 
facts that a considerable number of the residents and taxpayers of the towns mentioned 
are employed in the Government service ; that service as municipal officers in such towns 
should in no way involve general partisan political activity, and that the principle of home 
rule and local self-government justifies such participation. 

88. Scope of order of February 14, 1912. — The exception made in this case to 
section 1 of Rule I and the Executive order of January 17, 1873, does not 
extend to municipalities other than those specifically named, and Government 
employees residing in other towns than these who desire to become candidates 
for local office or to take an active part in political campaigns are not permitted 
by this order to do so. 



12 

29. Executive order of August 24, 1912: 

The temporary office of moderator of a town meeting and offices of a like character 
are hereby excepted from the operation of the Executive order of January 17, 1873, 
prohibiting persons in the Federal civil service from holding office under the charter or 
ordinances of any municipal corporation, and may he held by persons in the executive 
civil service. Membership in the civil service ought not to prevent an employee from 
taking part in the ordinary municipal affairs of the community in which he lives, where 
that part does not involve permanent service but only such a temporary duty as that of 
acting chairman of a municipal business meeting, where such service is not compensated 
by any salary or other emolument, and where the attention required by such service does 
not interfere with the regular and efficient discharge of the duties of the Federal 
office held. 

In the exercise of the privilege granted by this order officers and employees must not 
neglect their official duties and must not engage in national, State, or county jiolitical 
activity in violation of the civil-service rules ; and in seeking the local offices named or in 
performing the duties thereof employees shall not use the authority or influence of their 
Federal positions nor take an active part in political management or in political 
campaigns. 

30. Other forms of activity. — Among other forms of political activity which 
are prohibited by the rule are the distribution of campaign literature, badges, 
or buttons, the wearing of such badges or buttons while on duty, the circulation 
but not the signing of political petitions (including initiative and referendum, 
recall, and nominating petitions), and general political leadership or becoming 
prominently identified with any political movement, party, or faction or with 
the success or failure of any candidate for election to public office. 

31. Candidacy for presidential positions. — Where a competitive employee seeks 
promotion in the way of appointment. or transfer to an unclassified office, there 
is no objection to his becoming a candidate for such an office, provided the- 
consent of his Department is obtained, and provided he does not violate section 
1 of Rule I, prohibiting the use of his official authority or influence in political 
matters, and provided further that he avoids neglect of duty and any fiction 
that would cause public scandal or semblance of coercion upon his fellow 
employees or upon those over whom he desires to be placed in the position to 
which he seeks appointment. 

A competitive classified employee may circulate a petition or seek indorse- 
ments for his own appointment to an unclassified position, subject to the 
qualifications above stated, and he may, as an individual, sign a petition or 
recommend another for such an appointment ; but he may not circulate a 
petition or solicit indorsements, recommendations, or support for the appoint- 
ment of another person to such a position, whether or not such other person is a 
fellow employee or one not at the time in the Government service. 

In case an unofficial primary or election is held for the purpose of determin- 
ing the popular choice for the unclassified office, a competitive employee may 
permit his name to appear upon the ticket, but he may not solicit votes in his 
behalf at such a primary or election, or in any other manner violate section 1 
of Rule I. He may vote and express privately his opinions, but may not solicit 
votes or publicly advocate the candidacy or election of himself or any other 
person. 

32. Signing of petitions. — ^As stated in the preceding paragraph, it is per- 
missible for a competitive classified employee, as an individual, to sign a peti- 
tion or recommend another for appointment to an unclassified position. He is 
not permitted to sign such a petition as a Government employee or in any other 
way to use his official authority or influence to advance the candidacy of any 
person for election or appointment to any office. While competitive employees 
are permitted to exercise the right as individuals to sign a petition favoring a 
candidate for any office, they may not do so as Government employees or as a 
group or association of Government employees. 

33. Reinstatement. — The conditions under which reinstatement may be author- 
ized where an employee resigns to engage in political activity or to become a 
candidate for elective office are indicated in the following extract from a letter 
of the Pi-esident dated December 26, 1911 : 

I am of opinion that, in accord with the spirit of our institutions in recognizing the 
fundamental right of citizenship, a citizen who resigns to become a candidate for office 
and pursues a course free from coercion, bribery, or other scandalous or unlawful con- 
duct should not thereby be prejudiced by being refused reinstatement within the period of 
eligibility prescribed by the rules ; nor do I think any distinction should be made between 
the person who resigns and becomes a candidate and one who resigns, not to be a candi- 
date, but to manage or take part in a political campaign for a party. If he wishes to 
run the risk of finding an Executive who will reinstate him and he resigns in order to 
avoid a violation of the rules as to participation in electoral contests by members of the 



13 

classified service, I do not see why it should demoralize the service to allow him to resiga 
«ind run the risk of securing the approval of his reinstatement by the Executive within a 
year after he has resigned. 

In a similar case the President liad stated previously : " I do not mean to 
say that the circumstances under which one leaves a Department and the pur- 
pose for which it is done might not affect the right to reinstatement." 

If one resigns not merely to escape punishment for political activity prior to 
resignation, but without delinquency or misconduct and to avoid violation of 
the rule, and is guilty of no scandalous or unlawful conduct in his activity after 
resignation, his reinstatement may be authorized. 

II. POLITICAL ACTIYITY OF PRESIDENTIAL OFFICERS 

AlVD INCUMBENTS OF UNCLASSIFIED AND EXCEPTED 
POSITIONS. 

34. Early restrictions on unclassified officers. — On February 2, 1801, in a letter 
to Thomas McKean, President-elect Jefferson wrote: 

One thing I will say, that as to the future interference with elections, whether of the 
State or General Government, by officers of the latter should be deemed cause of re- 
moval. The constitutional remedy by the elective principle becomes nothing if it may 
he smothered by the enormous patronage of the General Government. 

In October, 1S02, he outlined his policy to his Attorney General, as follows : 

Every officer of the Government may vote at elections according to his conscience ; 
hut we should betray the cause committed to our care were we to permit the influence 
of official patronage to be used to overthrow that cause. 

Shortly afterwards the following circular was issued by the heads of the 
Executive Departments : 

The rresident of the United States has seen, with dissatisfaction, officers of the 
General Government taking on various occasions active parts in elections of the public 
functionaries, whether of the General or of the State Governments. Freedom of elections 
being essential to the mutual independence of governments and of the different branches 
of the same Government, so vitally cherished by most of our constitutions, it is deemed 
improper for officers depending on the Executive of the Union to attempt to control or 
influence the free exercise of the elective right. This, I am instructed, therefore, to 
notify to all officers within my Department holding their appointments under the authority 
of the President directly and to desire them to notify to all subordinate to them. The 
right of any officer to give his vote at elections as a qualified citizen is not meant to be 
restrained, nor, however given, shall it have any effect to his prejudice ; but it is ex- 
pected that he will not attempt to influence the votes of others nor take any part in 
the business of electioneering, that being deemed inconsistent with the spirit of the 
Constitution and his duties to it. 

On jMarch 20, 1S41, during the administration of President W. H. Harrison, 
the following circular was issued by Hon. Daniel Webster, Secretary of State: 

The President is of opinion that it is a great abuse to bring the patronage of the 
General Government into conflict with the freedom of elections, and that this abuse 
ought to be corrected wherever it may have been permitted to exist and to be prevented 
for the future. 

He therefore directs that information be given to all officers and agents in your De- 
partment of the public service that partisan interference in popular elections, whether 
of State officers or officers of this Government, and for whomsoever or against whom- 
soever it may be exercised, or the payment of any contribution or assessment on salaries, 
or official compensation for party-election purposes will be regarded by him as cause of 
removal. 

It is not intended that any officer shall be restrained in the free and proper expression 
and maintenance of his opinions respecting public men or public measures or in the 
exercise to the fullest degree of the constitutional right of suffrage. But persons em- 
ployed under the Government and paid for their services out of the Public Treasury 
are not expected to take an active or officious part in attempts to influence the minds 
or votes of others, such conduct being deemed inconsistent with the spirit of the 
Constitution and the duties of public agents acting under it ; and the Pre ^ident is re- 
solved, so far as depends upon him, that while the exercise of the elective franchise 
by the people shall be free from undue influence of official station and authority opinion 
shall also be free among the officers and agents of the Government. 

On July 14, 1886. the following warning was addressed " To the heads of 
Departments in the service of the General Government" by President Cleve-' 

land : 

I deem this a proper time to especially warn all subordinates in the several Departments 
and all oflQceholders under the General Government against the use of their oflicial posi- 
tions in attempts to control political movements in their localities. 

Officebolders are the agents of the people, not their masters. Not only is their time 
and labor due to the Government, but they should scrupulously avoid, in their political 
action as well as in the discharge of their official duties, offending by display of obtrusive 
partisanship their neighbors who have relations with them as public officials. 



14 

They should also constantly rememher that their party friends from whom they have 
received preferment have not invested them with the power of arbitrarily managing their 
political affairs. They have no right as officeholders to dictate the political action of their 
party associates or to throttle freedom of action within party lines by methods and prac- 
tices which pervert every useful and justifiable purpose of party organization. T'le in- 
fluence of Federal officeholders should not be felt in the manipulation of political primary 
meetings and nominating conventions. Tbe use by these officials of their positions to 
compass their selection as delegates to political conventions is indecent and unfair, and 
proper regard for the proprieties and requirements of official place will also prevent their 
assuming the active conduct of political campaigns. 

Individual interest and activity in political affairs are by no means condemned. Office- 
holders are neither disfranchised nor forbidden the exercise of political privileges, but 
their privileges are not enlarged nor is their duty to party increased to pernicious activity 
by office holding. 

A just discrimination in this regard between the things a citizen may properly do and 
the purposes for which a public office should not be used is easy, in the light of a correct, 
appreciation of the relation between the people and those intrusted with official place and 
the consideration of the necessity under our form of government of political action free 
from official coercion. 

You are requested to communicate the substance of these views to those for whose 
guidance they are intended. 

35. President's letter of June 13, 1902. — Under date of June 5, 1902, tlie Com- 
mission addressed a letter to tlie President in whicli it called attention to the 
omission in the new postal regulations, issued April 1, 1902, of former section 
435, providing that — 

Officeholders should not offend by obtrusive partisanship, nor assume the active con- 
duct of political campaigns. * * * This is in consonance with the order of Presi- 
dent Cleveland of July 14, 1886. 

The Commission also called the President's attention to the following state- 
ment in its Eleventh Report : 

The Commission feels strongly that whatever rule is adopted should apply equally to^ 
adherents of all parties, and that it would be safe to adopt as such a rule the require- 
ment that the adherents of the party in power shall never do what would cause friction 
in the office and subvert discipline if done by the opponents of the party in power. 
A man in the classified service has the entire right to vote as he pleases and to express- 
privately his opinions on all political subjects, but he should not take any active part 
in political management or in political campaigns, for precisely the same reasons that 
a judge, an Army officer, a regular soldier, or a policeman Is debarred from taking such 
active part. It is no hardship to a man to- require this It leaves him free to vote, 
think, and speak privately as he chooses, but it prevents him, while in the service of the 
whole public, from turning his official position to the benefit of one of the parties intO' 
which that whole public is divided ; and in no other way can this be prevented 

The Commission recommended either that a general Execvitive order upon 
the subject be issued by the President or that recommendations be made t& 
the heads of Departments for the establishment of regulations similar to the 
post-office regulation which had been omitted. 

The following reply was received under date of June 13, 1902 : 

Gentlfmbn : As the greater includes the less, and as the Executive order of Presi- 
dent Cleveland of July 14, 1886, is still in force, I hardly think it will be necessary again 
to change the postal regulations. 

The trouble, of course, comes in the interpretation of this Executive order of Presi- 
dent Cleveland. After 16 years' experience it has been found impossible to formulate 
in precise language any general construction which shall not work either absurdity 
or injustice. Each case must be decided on its merits. For instance, it is ob-viously 
unwise to apply the same rule to the head of a big city Federal office, who may by his 
actions coerce hundreds of employees, as to a fourth-class postmaster in a small village 
who has no employees to coerce and who simply wishes to continue to act with refer- 
ence to his neighbors as he always has acted. 

As Civil Service Commissioner under Presidents Harrison and Cleveland I found It 
so impossible satisfactorily to formulate and decide upon questions involved in these 
matters of so-called pernicious activity by officeholders in politics that in the Eleventh 
Report of the Commission I personally drew up the paragraph which you quote. This 
paragraph was drawn with a view of making a sharp line between the activity allowed 
to public servants within the classified service and those without the classified service. 
The latter under our system are, as a rule, chosen largely with reference to political 
considerations, and, as a rule, are and expect to be changed with the change of parties. 
In the classified service, however, the choice is made without reference to political con- 
siderations and the tenure of office is unaffected by the change of parties. Under these 
circumstances it is obvious that different standpoints of conduct apply to the two cases 
In consideration of fixiti/ of tenure and of appointment in no way due to political con- 
siderations, the man in the cla,ssified service, while retaining his right to vote as he 
pleases and to express privately his opinions on all political subjects, " should not take 
any active part in political mahanement or in political campaigns, for precisely the same 
reasons that a judge, an Army officer, a regular soldier, or a policeman is debarred from 
taking such active part." This, of course, applies even more strongly to any conduct 
on the part of such employee so prejudicial to good discipline as is implied in a public 
attack on his or her superior officers, or other conduct liable to cause scandal. 

It seemed to me at the time, and I still think, that the line thus drawn was wise and 
proper. After my experience under two Presidents — one of my own political faith and 
©ne not — I had become convinced that it was undesirable and impossible to lay dowa 
a rule for public officers not In the classified service which should limit their political 



15 

activity as strictly as we could rightly and properly limit the activity of those in whose ' 
choice and retention the element of political considerations did not enter ; and after- 
wards I became convinced that in its actual construction, if there was any pretense of 
applying it impartially, it inevitably worked unevenly, and, as a matter of fact, inevitably 
produced an impression of hyprocrisy in those who asserted that it worked evenly. 
Offlceholders must not use their offices to control political tnovements, must not neglect 
their public duties, must not cause public scandal by their activity; but outside of the 
classified service the effort to go further than this had failed so signally at the time 
when the Eleventh Report, which you have quoted, was written, and its unwisdom had 
been so thoroughly demonstrated that I felt it necessary to try to draw the distinction 
therein indicated. 

Sincerely, yours, Theodore Roosevelt. 

36. Enforcement of restrictions. — The Executive order of January 17, 1873 
(see paragraph 18 et seq.), applies to incumbents of unclassified and excepted, 
as well as competitive, positions. Its interpretation and enforcement, so far as 
unclassified and excepted officers and employees are concerned, pertains to the 
several Departments. Many of the States have constitutional or statutory in- 
hibitions against the holding of certain or all State, county, or municipal offices 
by any person holding an office of profit, honor, or trust under the United States, 
and the local statutes and decisions should be consulted. The practice of some 
of the Departments with respect to the political activity of incumbents of un- 
classified and excepted offices and the holding of local office by such persons is 
stated below. 

37. Department of State. — In an order of October 1, 1904, the Secretary of 
State said : 

Officers and employees of this Department * * * are prohibited from such active 
participation in campaign work as is incompatible with their official duties. They should 
not serve on committees charged with the collection and disbursement of political funds, 
but they are free to vote and, in a proper way, to express their political sentiments and 
preferences. 

38. Treasury Department. — In an order of the Commissioner of Internal Reve- 
nue, dated December 9, 1905, addressed to collectors of internal revenue, the 
Oommissioner said : 

B.v reason of the fact that political parties are frequently, often necessarily, engaged 
more or less in the collection of money for political purposes, and in such work often 
secure contributions from persons in the Federal service, it is not deemed wise for col- 
lectors or their deputies to be members of local political committees. 

39. Department of Justice. — The Attorney General, in an order dated Novem- 
ber 22, 1901, addressed to all officers and employees of the Department of 
Justice, said : 

The spirit of the civil-service law and rules renders it highly undesirable for Federal 
officers and employees to take an active part in political conventions or in the direction 
of other parts of' political machinery. Persons in the Government service under this 
Department should not act as chairmen of political organizations nor make themselves 
unduly prominent in local political matters. 

40. Post Office Department. — The Postmaster General, in an order issued Octo- 
ber 1, 1902, said: 

As to political activity, a sharp line is drawn between those in the classified and those 
In the unclassified service. Postmasters or others holding unclassified positions are sim- 
ply prohibited from using their offices to control political movements, from neglecting 
their duties, and from causing public scandal hy their political activity. 

In a letter of November 20, 1906, the Postmaster General said : 

It is not the practice of this department to prohibit postmasters from holding posi- 
tions as memhers of political committees, but it does prohibit them from serving in the 
capacity of officers of such committees. 

41. Navy Department. — In the Navy Department there have been cases where 
the holding of a municipal office in conjunction with a Federal office has been 
permitted, precautions being taken that the interests of the public service are 
not infringed. (See paragi-aph 25.) 

42. Department of the Interior. — In this Department there is a general ob- 
servance of the Executive order of January 17, 1873, the opinion being held that 
a reasonable discretion is left to the heads of Departments in determining indi- 
vidual cases. It is preferred by the Department that its employees do not hold 
dual offices in order that their undivided attention may be given to departmental 
duties. (See paragraph 21.) 

43. Department of Agriculture. — The cooperation of State officials is consid- 
ered essential in eradicating contagious diseases of domestic animals, the gath- 
ering of statistics in relation to agricultural products, and in connection with 
various experimental works; The Department of Agriculture avails itself of 



16 

tile services of State oflBcers occupying positions in State agricultural colleges 
and experiment stations — as a general rule of no political significance. The 
oflBcial connection of tliese officers with State institutions places them in a posi- 
tion to be of greater value to the Department than employees not so connected. 
The Department considers both itself and the State institutions to be benefited 
by the cooperation of these employees and believes the holding of such State 
offices not to be incompatible with the position they hold under the Federal 
Government. (See paragraph 23.) 

III. POLITICAL ASSESSMENTS. 

44. SOLICITATION OR RECEIPT OF POLITICAL CONTRIBUTIONS BY 
ONE EMPLOYEE FROM ANOTHER.— Section 118, Criminal Code (35 Stat, 
1110), provides: 

" No Senator or Representative in, or Delegate or Resident Commissioner 
to Congress, or Senator, Representative, Delegate, or Resident Commissioner 
elect, or officer or employee of either House of Congress, and no executive, 
judicial, military, or naval officer of the United States, and no clerk or 
employee of any department, branch, or bureau of the executive, judicial, 
or military or naval service of the United States, shall, directly or indi- 
rectly, solicit or receive, or be in any manner concerned in soliciting or 
receiving, any assessment, subscription, or contribution for any political 
purpose whatever from any officer, clerk, or employee of the United States, 
or any department, branch, or bureau thereof, or from any person receiving 
any salary or compensation from moneys derived from the Treasury of the 
United States." 

45. Constitutionality of laws prohibiting assessments. — This section of the 
Criminal Code, in effect January 1, 1910, superseded section 11 of the civil- 
service act of January 16, 1883 (22 Stat., 403), which in turn was based upon 
section 6 of the act of August 15, 1876 (19 Stat, 143; 1 Sup. R. S., 245). The 
following is an extract from the opinion of the Supreme Court in Ex Parte 
Curtis (106 IT. S., 371), as to the constitutionality of the last-named statute: 

A feeling of independence under the law conduces to faithful public service, and noth- 
ing tends moi-e to take away this feeling than a dread of dismissal. If contributions 
from those in public employment may be solicited by others in official authority, it is 
easy to see that what begins as a request may end as a demand, and that a failure to 
meet the demand may be treated by those having the power of removal as a breach of 
some supposed duty, growing out of the political relations of the parties. Contributions 
secured under such circumstances will quite as likely be made to avoid the consequences 
of the, personal displeasure of a superior as to promote the political views of the contrib- 
utor — to avoid a discharge from service more than to exercise a political privilege. 

The law contemplates no restrictions upon either giving or receiving except so far 
as may be necessary to protect, in some degree, those in the public service against 
exactions through fear of personal loss. * * * If it was constitutional to prohibit 
the act, the kind or dejrree of punishment to be inflicted for disregarding the pro- 
hibition is clearly within the discretion of Congress, provided it be not cruel or unusual. 

If there were no other reasons for legislation of this character than such as relate 
to tl^e protection of those in the public service against unjust exactions, its constitu- 
tionality would, in our opinion, be clear ; but there are others, to our minds, equally 
good. If persons in public employ may be called on by those in authority to contribute 
from their personal income to the expenses of political campaigns, and a refusal may 
lead to putting good men out of the service, liberal payments may be made the ground 
for keeping poor ones in. So, too, if a part of the compensation received for public 
services must be contributed for political purposes, it is easy to see that an increase of 
compensation may be required to provide the means to make the contribution, and that 
in this way the Government itself may be made to furnish indirectly the money to 
defray the expenses of keeping the political party in power that happens to have, for 
the time being, the control of the public patronage. Political parties must almost nec- 
essarily exist under a republican form of government, and when public employment 
depends, to any considerable extent, on party success, those in office will naturally be 
desirous of keeping the party to which they belong in power. The statute we ai'e now 
considering does not interfere with this. The apparent end of Congress will be accom- 
plished if it prevents those in power from requiring help for such purposes as a condi- 
tion to continued employment. 

We deem it unnecessary to pursue the subject further. In our opinion the statute 
under which the petitioner was convicted is constitutional. * * * 

46. Circulars of solicitation bearing names of Federal employees. — In an opinion 
of October 17. 1902 (24 Op., 133), the Attorney General held that the sending 
of a circular letter by a iwlitical committee to Federal officers and employees 
soliciting financial aid in Congressional or State elections, upon or attached to 
which appear the names of Federal officers or employees, is a violation of sec- 
tion 11 of the civil-service act (now section 118 of the Criminal Code), which. 



17 

declares that no officer or employee of the Government shall be in any manner 
concerned in soliciting or receiving any assessment or contribution for any 
political purpose whatever from any officer or employee of the United States. 
The statute unquestionably condemns all such circulars, uotvpithstanding the 
particular form of words adopted, in order to show a request rather than a 
demand, and. to give the responses a quasi-voluntary character. 

47. Sufficiency of indictments. — The following are extracts from the decision 
in United States v. Scott (74 Fed., 213), in the Circuit Court of the District of 
Kentucky, rendered October 7, 1895, by Taft, J. : 

To charge a man with soliciting a contribution from United States officers for a 
political purpose carries with it by implication a charge that the accused knew the 
purpose for which the contribution was solicited. The words " for a political purpose " 
may reasonably be construed to qualify not only the contribution but the solicitation. 
Similarly, to charge that a man received from another his contribution for a political 
purpose, by implication charges that the reception was for the same purpose as the 
contribution. * * * Nor was it necessary to set out the specific averment that the 
defendant knew that the persons from whom the contributions were received were officers 
of the United States. 

48. Membership on or services for political committees.— Any officer or em- 
ployee of the United States who is a member of a political committee which 
solicits or receives political contributions from another officer or employee is 
"concerned in soliciting or receiving" within the meaning of this section, as is 
also an officer or employee who makes or furnishes a list of Government em- 
ployees to a political committee for use in soliciting political contributions from 
them. 

In an opinion of January 25, 1896 (21 Op., 298), the Attorney General held 
that a disbursing agent of the Government who honored an order of another 
person to pay a portion of his salary to a person not in the service in aid of a 
political fund, knowing the purpose of such payment, did not violate the law, 
stating : 

Bellman's action must therefore be judged by section 11 alone. I can not see how it 
can fairly be said that it was a violation of the provisions of this section. It is admitted 
that he did not solicit the contribution. Nor can it be said, in any proper sense of the 
term, that he received it. He physically took the money from the package, but he did 
so merely as the agent of the owner, and so long as it remained in his possession he 
held it as the agent of the owner, who had a right at any time to revoke his order and 
reclaim the money. This right continued until Bellman actually handed the money over 
to the third person, who alone can be said to have received it. When he received it it 
was from the secret agent in Chicago by the hand of Bellman and not from Bellman. 
He was accountable to the agent in Chicago and not to Bellman for its use or misuse. 
Bellman had no more to do with the transaction than a mere messenger would have had 
to whom the owner had handed it for delivery. The receipt of money, etc., intended by 
the statute is acceptance of possession which confers a right of disposal, not possession 
which simply constitutes the taker a mere custodian without right on his own behalf 
or that of others. 

The phrase " in any manner concerned in soliciting or receiving " was intended to 
cover evasions of the purpose of the statute and to punish all persons for whom or on 
whose behalf or at whose instance the person actually receiving the money is acting. 
Your statement excludes all relation whatever on the part of Bellman to the transactioli 
other than the mere physical one which I have already described. In my opinion he was 
not guilty of either receiving or being concerned in receiving a contribution for a political 
purpose within the meaning of the act in question. 

In the case of United States v. Dutro, May T., 1913, Western District of 
Tennessee, unreported, the same defense was interposed, and, upon motion for 
directed verdict for defendant, the following decision was rendered bv 
McCall, J. : 

I have given all the time counsel cared to consume in the discussion of this motion 
for a directed verdict, because I gathered from what had been said that it was practically 
determinative of the case. 

The statute under which the indictment was found prohibits (and I shall speak of this 
concrete case) the postmaster at Memphis, Tenu., from receiving, or being in any manner 
concerned in receiving, any assessment, subscription, or contribution for any political 
purpose whatever from any official, clerk, or employee of the United States. 

There are four counts in the indictment. Two of them charge the defendant with 
receiving subscriptions and contributions for political purposes from an officer, clerk, 
or employee of the United States, and two of them charge defendant with being con- 
cerned in receiving such assessment or subscription for political purposes from a clerk 
or employee of the United States. 

Evidently one of the purposes of Congress in enacting the legislation was to prohibit 
superior officers from bringing pressure to bear upon their subordinates in order to secure 
contributions for campaign purposes, and the act is couched in very broad terms. 

This evidence (which so far is uncontradicted), shows that the defendant, Mr. Dutro, 
did receive two contributions for campaign purposes from an officer or clerk or employee 
of the United States. Whatever may have been Mr. Dutro's frame of mind in regard 
to his connection with it, the one fact remains, as the evidence shows, that he received 
these contributions for the purposes and from the parties which the law prohibits. 



18 

Perhaps and no doubt he did so without any thought that he was violating any statute, 
and felt that he was acting purely as a conveyor of these contributions to the political 
parties for whom they were intended, to accommodate those who were making the con- 
tributions and purely as a personal matter, but I think under the evidence his action 
was in violation of the statute. 

The other two counts, as I have pointed out, charge the defendant with being con- 
cerned in receiving assessments, subscriptions, or contributions for campaign purposes 
from a clerk, employee, or officer of the United States. There is a controversy here 
between counsel as to what the word " concerned " means. F'rom what the law books say 
which have been read here, and from my own impression, it seems that the word con- 
cerned means to be interested in, or take part in receiving such contributions. If Mr. 
Dutro, by his connection with these two subscriptions, took a part in the contributions 
being made by employees of the Government for campaign purposes, he would be guilty. 
I think the natural construction of the phrase or term or word necessarily leads to the 
conclusion that he did take a part in receiving the contributions, because he received 
and conveyed them from the contributors to the parties for whom they were intended, 
and. as the proof so far shows, he knew that the parties who were making the con- 
tributions were clerks under him in the Post Office Department, and he knew the purpose 
for which the money was to be used and where it was to go. 

Entertaining these views, upon the motion as now made, I think it should be 
overruled. 

The following is an extract from the court's charge to the jury in the same 
case : 

I charge you the law to be that if Mr. Dutro received the contribution while he was 
postmaster at Memphis, Tenn., from Mr. Roberts, a clerk or appointee in the post office 
at Memphis, Tenn., and he received it for political purposes — that is, it was to be used 
in the interest of a political campaign — and Mr. Dutro knew that was the purpose of 
the contribution, then he would be guilty under this statute of having received a con- 
tribution for political purposes, while postmaster — that is, an officer of the United States 
Government — from an employee and clerk in the service of the United States Post Office 
Department. And if he took the contribution and conveyed it to the place for which it 
was intended — that is. the political campaign committee of the Republican Party — then 
he had not only received it in violation of law, but under the first count in the indict- 
ment he would" be guilty of bemg concerned in receiving funds for campaign purposes 
within the prohibition of the law. 

What I have .iust said in regard to the transaction between the defendant and Mr. 
Roberts, as charged in the first and second counts, is also applicable to the transaction 
between the defendant and Miss Baker, as charged in the third and fourth counts, and 
need not be repeated. 

******* 

You may find that he received them, then he would be guilty under the counts charg- 
ing him with receiving them ; or you may find that he did not receive them, then he 
would not be guilty under those counts charging him with receiving them ; but under 
the law as I charge it to you. if he received them knowingly, and tbey were delivered by 
him or used by him for political purposes, then he would also be concerned in receiving 
them, and he would be guilty under those counts in the indictment. 

The jury returned a verdict of guilty on all four counts of the indictment. 
The decision and charge above quoted overrule the opinion of the Attorney 
General of January 25, 1896, so far as it may be urged as a defense in cases 
of this sort, and the principle appears to be definitely established that a 
defendant may no longer escape punishment by alleging that he received a 
political contribution as a mere agent or messenger for the purpose of turning 
it over to a political organization. 

19. SOLICITATION (VR RECEIPT OF POLITICAL CONTRIBUTIONS IN 
FEDERAL BUILDINGS. — Section 119, Criminal Code (a reenaetment of 
section 12 of the civil-service act), provides as follows: 

" No person shall, in any room or building occupied in the dischargre of 
official duties by any officer or employee of the United States mentioned in 
the preceding' section, or in any navy yard, fort, or arsenal, solicit in any 
manner whatever or receive any contribution of money or other thing of 
value for any political purpose whatever." 

50. Constitutionality. — This portion of the civil-service act was held to be con- 
stitutional in United States v. Newton (9 Mackey (D. C), 226. 19 Wash. L. R. 
770), from the decision in which case the following is an extract: 

The Government of the United States has supreme and exclusive control over the 
places designated in section 12 in which solicitation of, or procuring aid for, political 
purposes is forbidden. 

The United States does not share control with a State or municipality, but has control 
over those places which have been acquired by it in pursuance of authority granted to it 
by the Constitution and laws of the United States for the exclusive use and purposes of 
the Government. 

Congress has a right to prescribe rules of conduct to be observed not only by officers 
and employees of the Government who shall occupy these places for the time being, but 
also by the citizen who may for any purpose be allowed to go into these places, it may be 
on business with the Government, or recreation, as suggested by defendant's counsel. 
The Government has the right, we think, to prescribe what shall be the conduct of per.sons 
thus visiting these places by the enactment of reasonable rules and regulations. Con- 



19 

eedinff all that counsel claims for the purity of motives actuatini;- partisans in seeurinff 
contributions for and promoting- the success of political parties, we do not perceive the 
harm, hardship, or oppression resulting from a law which prohibits this solicitation in 
the places where the business of the Government is transacted. While it may be easy 
to conceive of instances where such solicitation by one citizen of another would' not v,'ork 
harm, such a practice if permitted might be seriously detrimental to the public service. 
Whether or not at the date of the enactment of this statute the best interests of the 
country required such legislation was a matter peculiarly within the province of Congress 
to determine. It is not for the courts to decide the act or any part of it unconstitutional 
because it may doubt the necessity of the enactment or the wisdom of its provisions. 
* * * * * * ^ 

We hold the indictment to be good and the twelfth section of the act constitutional. 

In United States v. Huffman (Nov. T., 1905, District of Indiana, unreported), 
whicli was a prosecution for soliciting funds in a post office, a demurrer was 
interposed on tlie groimd tliat tlie law was unconstitutional if held to apply to 
buildings simply leased from a State by tlie United States Government and over 
which the State still exercised a landlord's control ; the demurrer was overruled. 
(See also United States v. Elliott, April T., 1907, Northern District of Illinois, 
unreported, which was a prosecution for soliciting funds in a distillery where 
storekeepers and gangers were stationed in the performance of official duty; 
United States v. Thayer, 209 U. S., 39, and United States v. Glick, June, 1909, 
District of Delaware, unreported, the lengthy decision in which, fully upholding 
the constitutionality of the section under discussion, is printed in the Commis- 
sion's 26th Report, beginning on p. 159.) 

51. Letters addressed to Federal buildings. — The Commission by a minute 
adopted March 23, 1897, held that addressing a letter to a Government employee 
in a Government building soliciting political contributions is a solicitation in 
that building within the meaning of section 12 of the civil-service act, and in this 
opinion was sustained by the advice of eminent counsel (see 14th Report, pp. 
147-155), but notwithstanding numerous violations no opportunity arose of hav- 
ing the question judicially determined until 3907, when an indictment was ob- 
tained against Edward S. Thayer at Dallas, Tex. A demurrer was interposed to- 
the indictment and was sustained on the ground that the act required the per- 
sonal presence in the Government building of the solicitor. Appeal was taken to 
the Supreme Court, and the judgment of the lower court was reversed. (United 
States V. Thayer, 209 U. S., 39.) The opinion of the court, which was delivered 
by Justice Holmes on March 9, 1908, establishes definitely the proposition that 
solicitation by letter or circular addressed to and delivered by mail or otherwise 
to an officer or emiiloyee of the United States at the office ov building in which 
he is employed in the discharge of his official duties is a solicitation " in a room 
or building" within the meaning of this section, the solicitation taking place 
where the letter was received. ( See also United States i\ Smith, 163 Fed., 926, 
where the letter was personally delivered.) 

52. Letters delivered in Federal buildings. — The Commission holds that the 
sending through the mails of letters to Government employees soliciting political 
contributions, their street or home address being omitted from the envelopes, 
with the result that the letters are delivered by the postal authorities in the 
Government building in which they are employed, constitutes a violation of this 
section. It is a maxim of the law that a person is presumed to intend the nat- 
ural and reasonable consequences • of his acts, and failure or omission to take 
measures to avoid delivery of such letters in a Government building will render 
the offender liable to prosecution. One such prosecution has been had, but suffi- 
cient evidence was adduced to convince the jury that there was no intent to 
violate the law, and the defendants were acquitted. 

53. DISCRIMINATION ON ACCOUNT OF POLITICAL CONTRIBU- 
TIONS. — Section 120, Criminal Code (a reenactment of sec. 13 of the civil- 
service act), provides as follows: 

" No officer or employee of the United States mentioned in section one 
hundred and eighteen shall discharge or promote or degrade or in any man- 
ner change the official rank or compensation of any other officer or em- 
ployee, or promise or threaten so to do, for giving or withholding or 
neglecting to make any contribution of money or other valuable thing for 
any political purpose." 

54. PAYMENT OF POLITICAL CONTRIBUTIONS BY ONE EMPLOYEE 
TO ANOTHER. — Section 121, Criminal Code (a reenactment of sec. 14 of the 
civil-service act), provides that — 

" No officer, clerk, or other person in the service of the United States 
shall, directly or indirectly, give or hand over to any other officer, clerk* 



or person in the service of the United States, or to any Senator or Member 
of or Delegate to Congress or Resident Commissioner, any money or other 
valuable thing on account of or to be applied to the promotion of any 
political object whatever." 

55. PENALTIES FOE ASSESSMENTS.— Section 122 of the Criminal Code 
provides as follows: 

" Whoever shall violate any provision of the four preceding sections shall 
be fined not more than five thousand dollars or imprisoned not more than 
three years, or both." 

56. ABOYE OFFENSES ARE FELONIES.— By section 15 of the civil- 
service act it was declared that persons violating any provision of the four 
preceding sections should be guilty of a misdemeanor, but this section is 
now superseded by section 122 of the Criminal Code, above quoted, which 
makes such violation a felony, in view of the following provision of section 
335 of the Criminal Code: 

"All offenses which may be punished by death or imprisonment for a 
term exceeding one year shall be deemed felonies. All other offenses shall 
be deemed misdemeanors." 

IT. POLITICAL COERCION. 

57. CITIL-SERTICE ACT AND RULE.— Section 2, clause second, of the 
«ivil-service act directs that the civil-service rules " shall provide and de- 
clare as nearly as the conditions of good administration will warrant, as 
follows: * * * Sixth. That no person in said service has any right to 
use his official authority or influence to coerce the political action of any 
person or body." In pursuance of this section civil-service Rule I, section 
1, provides, in part, that " No person in the executive civil service shall use 
his official authority or influence for the purpose of interfering with an 
election or affecting the result thereof." This provision applies to all per- 
sons in the executive civil service, unclassified as well as classified. 

T. POLITICAL DISCRIMINATION. 

58. FAILURE TO CONTRIBUTE OR RENDER POLITICAL SERYICE 

NOT PREJUDICIAL. — Section 2, clause second, of the act also provides: 

" Fifth. That no person in the public service is for that reason under any 
obligations to contribute to any political fund or to render any political 
service, and that he will not be removed or otherwise prejudiced for refus- 
ing to do so." 

59. POLITICAL OPINIONS AND AFFILIATIONS.— Section 2 of Rule I 
provides as follows: 

" No question in any form of application or in any examination shall be 
so framed as to elicit information concerning the political or religious opin- 
ions or affiliations of any applicant, nor shall any inquiry be made concern- 
ing such opinions or affiliations, and all disclosures thereof shall be dis- 
countenanced. No discrimination shall be exercised, threatened, or prom- 
ised by any person in the executive civil service against or in favor of an 
applicant, eligible, or employee in the classified service because of his 
political or religious opinions or affiliations." 

60. Definition of discrimination. — Political discrimination consists in giving 
appointment, promotion, or any otl^er favor to an appointee, eligible, or candi- 
date because of bis politics, or withholding appointment, promotion, or any 
other favor from an appointee, eligible, or candidate because of his politics. 
An appointing officer who appoints or refuses to appoint an applicant because 
the applicant does or does not entertain certain political opinions, who makes 
any inquiry of the applicant or any other person as to the applicant's political 
opinions or affiliations, or reduces an employee because that employee refuses 
to render political service, to be coerced in political action, or to contribute 
money for political purposes, or who advances or promotes an employee for op- 
posite reasons, violates the civil-service act and rules. 

61. Wholesale removals. — The removal of a large number of employees of the 
same political faith from an office will be presumed to have been made for 



21 

political reasons, and the burden is upon the officer maldng the removals to. 
show that just cause existed for making each such removal. 

62. Incumbents of excepted positions. — ^All positions excepted from examina- 
tion under Schedule A of the rules are vpithin the classified service, and, under 
section 2 of the civil-service act and section 2 of Rule I, no removal may be 
made from such positions for political reasons. While under section 2 of the 
civil-service act positions within the classified service may be excepted from the 
requirement of examination, they are not excepted from the separate prohibi- 
tion therein of removal for political reasons. The President, in the civil-service 
rules, has recognized this construction of the act and carried out its provisions 
by forbidding changes in the classified service, including excepted places, for 
political reasons. 

TI. POLITICAL RECOMMENDATIONS. 

63. SENATORS AND REPEESENTATIYES.— Section 10 of the civil- 
service act provides: 

" That no recommendation of any person who shall apply for office or 
place under the provisions of this act which may be given by any Senator or 
Member of the House of Sepresentatives, except as to the character or 
residence of the applicant, shall be received or considered by any person 
concerned in making any examination or appointment under this act." 

64. DISCLOSING POLITICS.— Eule I, section 3, provides as follows: 

" No recommendation of an applicant, eligible, or employee in the com- 
petitive service involving a disclosure of his political or religious opinions 
or affiliations shall be considered or filed by the Commission or any officer 
concerned in making appointments or promotions." 

65. Letters disclosing politics or religion not to be considered. — It is the duty 
of ofiicers concerned in making appointments or promotions to refuse to receive 
or consider letters disclosing the politics or religion of an applicant, eligible, 
or employee and to explain to the writers that communications based upon such 
grounds will not receive attention or be filed. 

66. RECOMMENDATIONS FOR PROMOTION.— Rule XI, section 3, pro- 
vides that: 

" No recommendation for the promotion of a classified employee shall be 
considered by any officer concerned in making promotions, unless it be 
made by the person under whose supervision such employee has served ; and 
such recommendation by any other person, if made with the knowledge and 
consent of the employee, shall be sufficient cause for debarring him from 
the promotion proposed, and a repetition of the offense shall be sufficient 
cause for removing him from the service." 

TIL RURAL CARRIERS. 

67. Executive order of December 30, 1911: 

Hereafter paragraphs (o) and (b) of section 1 of civil-service Rule VII shall apply to 
the appointment of rural carriers, and three eligibles shall be certified by the Civil 
Service Commission. 

In all cases selections shall be made with sole reference to merit and fitness and with- 
out regard to political considerations. No inquiry shall be made as to the political or 
religions opinions or afllliations of any eligible, and no recommendation in any way based 
thereon shall be received, considered, or filed by any officer concerned in making selections 
or appointments. Any such recommendation, in writing, forwarded to any such officer 
shall be at once returned to the writer, with attention invited to the purport of this 
order, and attention hereto shall be similarly directed in connection with any verbal rec- 
ommendation. Where it is found that there has been a violation of these provisions by 
any officer concerned in making selections or appointments, such fact shall be cause for 
the immediate removal of such officer from the service, and the commission shall make 
prompt I'eport of any such case for appropriate action to the Postmaster General, or, as 
to presidential appointees, to the President. The appointment of the rural carrier con- 
cerned, if effected, shall be canceled. 

Persons employed as rural carriers, while retaining the right to vote as they please 
and to express their opinion privately on all political subjects, shall take no active part 
in political management or in political campaigns. Any rural carrier taking such part 
shall be removed from the service or otherwise disciplined, recommendation as to the 
penalty to be imposed in each case to be made by the Civil Service Commission. 

Paragraphs (a) and (&) of section 1 of civil-senice Rule VII refer to the 
manner of certification of eligibles. 



22 
Tin. FOURTH-CLASS POSTMASTERS. 

68. Extract from regulations approved by the President November 25, 1912: 

In all cases selection for appointment shall be made with sole reference to merit 
and fitness and without regard to political or religious considerations. No inquiry 
shall be made as to the political or religious opinions or affiliations of any applicant or 
eligible, and in conformity with section 10 of the civil-service act no recommenda- 
tion in any way based thereon shall be received or considered by any officer concerned 
in making selections or appointments. The attention of the writer o"f any such recom- 
mendation shall be invited to the purport of this order, and attention hereto shall be 
similarly directed in connection with any verbal recommendation. Where it is found 
that there has been a violation of these provisions by any officer concerned in making 
selections or appointments, such fact shall be cause for the immediate removal of such 
officer from the service, and the Civil Service Commission shall make prompt report 
of any such case for appropriate action to the Postmaster General or, as to presidential 
appointees, to the President. The appointment of the fourth-class postmaster con- 
cerned, if effected, shall be canceled. Persons employed as postmasters of the fourth 
class, while retaining the right to vote as they please and to express their opinions 
privately on all political subjects, shall take no active part in political management 
or in political campaigns. Any such postmaster taking such part shall be removed 
from the service or otherwise disciplined, recommendation as to the penalty to be im- 
posed in each case to be made by the Civil Service Commission. This section shall apply 
to all offices of the fourth class of whatever compensation. 

IX. ATTEMPTS TO INFLUENCE LEGISLATION. 

69. Executive order of April 8, 1912. — ^The first amenclment of the Constitution 
of the United States provides that " Congress shall make no law respecting an 
establishment of religion ; or prohibit the free exercise thereof, or abridging 
the freedom of speech, or of the press ; or the right of the people peaceably to 
assemble, and to petition the Government for a redress of grievances." 

The matter of attempts by Government employees to influence legislation has 
been the subject of a number of Executive orders (see 29th Report of Commis- 
sion, p. 21), the last of which is dated April 8, 1912, and reads as follows: 

It is hereby ordered that petitions or other communications regarding public business 
addressed to the Congress or either House or any committee or Member thereof by 
officers or employees in the civil service of the United States shall be transmitted through 
the heads of their respective Departments or offices, who shall forward them without 
delay with such comment as they may deem requisite in the public interest. Officers and 
employees are strictly prohibited, either directly or indirectly, from attempting to secure 
legislation or to influence pending legislation, except in the manner above prescribed. 

This order supersedes the Executive orders of January 31, 1902, January 25, 1906, and 
November 26, 1909, regarding the same general matter. 

The Executive orders which were superseded by this order were criticized 
as being too stringent and an invasion of constitutional rights, and in section 
6 of the act of August 24, 1912 (37 Stat., 555), it was provided that " the right 
of persons employed in the civil service of the United States, either individually 
or collectively, to petition Congress, or any Member thereof, or to furnish 
information to either House of Congress, or to any committee or Member 
thereof, shall not be denied or interfered with." 

The Executive orders previously mentioned did not attempt to nullify the 
right to petition the Government guaranteed by the Constitution, but simply 
specified the procedure to be followed by executive employees of the Govern- 
ment in exercising that right, and the order of April 8, 1912, fully preserves the 
rights of employees to petition the Government. 



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